HC Deb 20 June 1921 vol 143 cc895-6
80. Sir C. YATE

asked the Secretary of State for India whether his attention has been called to a statement in the Indian Press that so-called arbitration courts have been established in India in pursuance of the non-co-operation movement, and that the members of such a court at Jainagar, in the Durbhanga district of Bengal, inflicted on a woman the sentence of having her head shaved and her face painted with tar and lime; and, if so, can he state what steps have been taken by the Government of India to put an end to these unconstitutional tribunals, and to punish the men composing them?

Sir J. GILMOUR

My right hon. Friend has not seen a report of the case referred to. Arbitration is not in itself unconstitutional, and arbitrators' decisions in civil cases may be enforced in civil Courts if the parties accepted the arbitration, even if they resorted to arbitration on their own initiative and not at the instance of any Court. But if any person acting or professing to act as an arbitrator causes bodily harm to another, he is liable to prosecution in the ordinary course for a breach of the criminal law.

Sir C. YATE

Have these men been prosecuted?

Sir J. GILMOUR

I have no information on that point.